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“No Proper Response to the Queries by Court" : Patna High Court Warns Contempt Action Against Union Home Ministry Officials [READ ORDER]

By Nancy Goyal      May 12, 2021      0 Comments      1,515 Views
 “No Proper Response to the Queries by Court

The Patna High Court warned contempt proceedings against officials who are found to be unresponsive and non-cooperative with court proceedings. 

The warning came while overseeing that the Home Ministry's duty to give a proper response on the inquiry of the court, regarding the treatment of foreign nationals was not being handled. 

A division bench involving Justice Shivaji Pandey and Justice Partha Sarthy additionally asked the Government of India to ensure that the said officials should be responsive to the Court's inquiry and that the Home Ministry should give appropriate instructions so that the counsel can file a proper affidavit in this relation.

The issue emerged concerning the Human rights concern of two Bangladeshi ladies’ migrants named Marium Khatoon and Mausmi Khatoon, but both these ladies were captured from the Patna Railway Station and kept in an "After Care Home" for the past numerous years.

In April 2021, the Court asked the Union of India to file an affidavit expressing information of their current status of repatriation to their native place and address the issue of illegal immigrants who were denied acknowledgment by their native nations.

Conveying its disappointment over the lack of some attitude of the officials, the court requested, 

"At this stage, this Court isn't starting a contempt proceeding against those officials who are not responsive to the question of the Court. It is additionally clarified that the Court may start a contempt proceeding against the individuals who might be found in not cooperating with the court proceedings."

Seeing that it was a "serious matter that Bangladeshi ladies were kept inside Nari Niketan (After Care Home) and not in a detainment place", the Court asked the Union of India to file a detailed affidavit about the creation of a confinement center for foreign nationals in Bihar.

During the past course of hearing, the High Court had constituted a three lawyers group entrusted to visit the After Care Home, connect with the Bangladeshi ladies and present a report in a sealed cover depicting how Bangladeshi Migrants were being kept there.

The report submitted in the Court expressed that the travelers were kept properly and have not submitted any complaint to the individuals of the Committee.

The Court expressed its discontent over the situation of the making of the detention Centre, as the State Government presented that travelers were kept separately in the prison and the same ought to be treated as a detention Centre.

Guiding the State to file a proper affidavit on the creation of detention Centre, the Court noticed accordingly:

Detainment Center can't be made inside the jail premises, rather it ought to be made as far as the instructions given by the Central Government giving detail the manner the State needs to make Detention Centre, so it is primary obligation to make Detention Center with that terms."


Patna High Court
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